59.1-506.1 - Performance of contract in general. - Virginia Statutes

§ 59.1-506.1. Performance of contract in general.

(a) A party shall perform in a manner that conforms to the contract.

(b) If an uncured material breach of contract by one party precedes theaggrieved party's performance, the aggrieved party need not perform exceptwith respect to contractual use terms, but the contractual use terms do notapply to information or copies properly received or obtained from anothersource. In addition, the following rules apply:

(1) The aggrieved party may refuse a performance that is a material breach asto that performance or a performance that may be refused under § 59.1-507.4(b).

(2) The aggrieved party may cancel the contract only if the breach is amaterial breach of the whole contract or the agreement so provides.

(c) Except as otherwise provided in subsection (b), tender of performance bya party entitles the party to acceptance of that performance. In addition,the following rules apply:

(1) A tender of performance occurs when the party, with manifest presentability and willingness to perform, offers to complete the performance.

(2) If a performance by the other party is due at the time of the tenderedperformance, tender of the other party's performance is a condition to thetendering party's obligation to complete the tendered performance.

(3) A party shall pay or render the consideration required by the agreementfor a performance it accepts. A party that accepts a performance has theburden of establishing a breach of contract with respect to the acceptedperformance.

(d) Except as otherwise provided in §§ 59.1-506.3 and 59.1-506.4, in the caseof a performance with respect to a copy, this section is subject to §§59.1-506.6 through 59.1-506.10 and 59.1-507.4 through 59.1-507.7.

(2000, cc. 101, 996.)